TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 5. Drug Abuse Treatment and Education Programs, 26-5-1 through 26-5-62.

ARTICLE 2 NARCOTIC TREATMENT PROGRAMS ENFORCEMENT

26-5-47. Application review and requirements; nontransferability.

1. The department shall, consistent with the requirements of this Code section, establish an application review process committee. The members of the committee shall include representation from department staff members and the Department of Behavioral Health and Developmental Disabilities.
2. Application requirements shall include, but not be limited to:
   1. Data and details regarding treatment and counseling plans;
   2. Biographical information and qualifications of owners, medical directors, counselors, and other required staff;
   3. Data as determined by the department on currently licensed narcotic treatment programs within the region of the proposed location and within a 75 mile radius, whether or not such other programs are outside of the region;
   4. Patient levels of currently licensed programs in the proposed region of care and within 75 miles, including:
      1. The number of patients admitted to current narcotic treatment programs in the most recent month; and
      2. The number of patients served by current narcotic treatment programs in the most recent month;
   5. Data on demographic, social, health, economic, alcohol and drug related crimes, alcohol and drug overdoses, and hospital and emergency department admissions of individuals addicted to opioids for the program location;
   6. Applicant experience operating a narcotic treatment program or working at such program, including a complete history of such experience both within this state and in any other state;
   7. Program ownership in other locations, if any, including a complete and accurate description of narcotic treatment program experience, including whether the applicant currently holds, has held, or has had revoked any licenses, registrations, enrollments, accreditations, contracts, and network memberships. The applicant shall disclose any adverse actions against the applicant while employed by or as a result of ownership of a narcotic treatment program;
   8. Evidence the applicant sought community input for the proposed location from substance abuse advocacy organizations, civic organizations, neighborhood associations, locally elected officials, and other groups;
   9. Proof of notification of intent to file an application with all law enforcement offices within a 25 mile radius of the program location;
   10. Proof of notification of intent to file an application with all drug courts within a 75 mile radius of the program location;
   11. A narrative description of and information about adjoining businesses and occupancies within 200 feet of the facility, including a description of transportation access, traffic patterns, security features, local area police and crime reports, and neighborhood safety; and
   12. A complete description of the facility's staff and patient parking.
3. 1. A program license shall be nontransferable for a change of a governing body. The department shall require currently operating programs that have a change of governing body to submit an application for such change in accordance with its rules and regulations. However, the department shall waive Code Section 26-5-46, all other requirements under this Code section, and Code Section 26-5-48 if such governing body is in good standing with the department.
   2. A program license shall be nontransferable for a change of location. The department shall require currently operating programs that have a change of location to submit an application for such change in accordance with its rules and regulations. However, the department shall waive the application requirements for a change of location of a currently operating program pursuant to Code Section 26-5-46, all other requirements under this Code section, and Code Section 26-5-48 if such governing body is in good standing with the department, provided the change of location is within such program's current region established by this article.
4. Upon application for an additional program by a current licensee, each location operated by such licensee shall be inspected. Any such location inspected within the preceding 36 months shall be exempt from such inspection requirement of this subsection. Such inspections are in addition to all other application requirements for an additional program application by such licensee.
5. In the event an applicant is unable to obtain patient information from current programs as required by subsection (b) of this Code section, the department may direct current narcotic treatment programs to provide such information to the applicant.

(Code 1981, §26-5-47, enacted by Ga. L. 2017, p. 307, § 1/SB 88; Ga. L. 2018, p. 1112, § 26/SB 365.)

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, inserted "information" in paragraph (b)(2); substituted "admissions" for "admission" in paragraph (b)(5); substituted "or has had" for "or had" in the first sentence of paragraph (b)(7); and substituted "this Code section" for "the Code section" in subsection (e).